Ch. VI · §19

Chapter VI

Employer Duties

Section

Chapter VI · Employer Duties

Section 19

Duties of employer

Statutory textCounsel-reviewed publication

Every employer shall—

provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;

display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under sub-section (1) of section 4;

organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;

provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;

assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;

make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub-section (1) of section 9;

provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code (45 of 1860) or any other law for the time being in force;

cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;

treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;

monitor the timely submission of reports by the Internal Committee.

Transcribed from the official India Code source for reading and comparison. PIH plain-language guidance is editorial and separate; this page is not legal advice.

Source: India Code, Ministry of Law and Justice, Government of IndiaRetrieved: 2026-09-10India Code PDF, pp. 11–12India Code PDF — last updated 31 August 2021

Plain Language

Section 19 is an operational set of ten employer duties, not a universal annual training schedule. Each duty must be understood against the statutory text, applicable rules, and the organisation's circumstances.

Employers must provide a safe working environment, display the penal consequences and IC order, organise workshops and awareness programmes and Internal Committee orientation at regular intervals under Section 19(c), facilitate the inquiry process, assist with police complaints, and treat sexual harassment as misconduct. Section 19(j) separately concerns timely submission of reports by the Internal Committee.

Compliance is not just about having a policy document. It requires visible displays, regular-interval training and awareness, active facilitation of inquiries, disciplinary integration, and a separate process for monitoring the Internal Committee's reports.

Many inquiry delays and procedural failures trace back to employer-side support failures listed in this section.

Current-law note (editorial; not part of the statutory transcription): Section 19's enacted text contains references to the Indian Penal Code. The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Current criminal-law analysis must consider the BNS and applicable savings/transitional provisions; the corresponding present-law offence should be assessed under BNS Section 79 where applicable.

Why It Matters

Section 19 turns the Act's protective framework into operational obligations. Without employer compliance, the entire complaint mechanism breaks down.

The duty to provide a safe working environment is proactive, not reactive — employers must prevent harassment, not just respond to it.

Display requirements ensure that every employee and visitor is aware of the law's consequences and the existence of the IC.

The duty to treat sexual harassment as misconduct integrates POSH compliance into existing HR disciplinary frameworks.

Section 19(j)'s duty to monitor timely submission of reports by the Internal Committee connects with Section 21's annual-report requirement; that reporting duty is distinct from Section 19(c)'s regular-interval awareness and orientation obligation.

Practical Example

Display requirements

Scenario: A mid-size IT company has constituted an IC but has never displayed the penal consequences or IC order at the workplace.

Outcome: This is a direct violation of Section 19(b). The employer must display both the penal consequences of sexual harassment and the IC constitution order at a conspicuous place.

Witness attendance

Scenario: The IC requests the employer to secure the attendance of a witness who is a former employee. The employer says it cannot compel former employees.

Outcome: Under Section 19(e), the employer must assist in securing attendance — this may include contacting the former employee, facilitating the process, or using available leverage. The duty is to assist, not necessarily to compel.

Police complaint assistance

Scenario: An aggrieved woman wants to file a police complaint against a client's employee who harassed her at a client site visit.

Outcome: Under Section 19(g), the employer must assist her in filing the police complaint. Under Section 19(h), the employer may also initiate action against the perpetrator if the aggrieved woman so desires.

Misconduct classification

Scenario: The company's service rules define misconduct but do not list sexual harassment as a specific category.

Outcome: Section 19(i) requires sexual harassment to be treated as misconduct. The employer must amend service rules or issue a standing order to ensure sexual harassment is explicitly covered.

Who Must Act

employer

Provide a safe working environment, including safety from persons coming into contact at the workplace.
Display the penal consequences of sexual harassment and the IC constitution order at a conspicuous place.
Organise workshops and awareness programmes at regular intervals for employees and orientation programmes for Internal Committee members in the manner as may be prescribed.
Provide necessary facilities to the IC or LC for dealing with complaints and conducting inquiries.
Assist in securing attendance of respondents and witnesses before the committee.
Make available information required by the committee for the complaint.
Assist the aggrieved woman in filing a police complaint if she chooses to do so.
Initiate action under the IPC or other law against the perpetrator, or assist if the perpetrator is not an employee.
Treat sexual harassment as misconduct under service rules and initiate disciplinary action.
Monitor timely submission of reports by the Internal Committee, including the annual report addressed in Section 21.

ic member

Many inquiry delays trace back to employer-side support failures listed in Section 19 — escalate non-cooperation promptly.
Request facilities, attendance support, and information from the employer as needed under Section 19.

employee

Be aware of the employer's obligations so you can hold the organisation accountable.
Demand the display of penal consequences and IC order if they are not visible at your workplace.

Compliance

✓

Provide a safe working environment including safety from persons at the workplace

Actor: Employer · Rule: Section 19(a)

✓

Display penal consequences of sexual harassment and IC order at a conspicuous place

Actor: Employer · Rule: Section 19(b)

✓

Organise workshops and awareness programmes at regular intervals and orientation programmes for Internal Committee members

Actor: Employer · Rule: Section 19(c)

✓

Provide necessary facilities to the IC or LC for complaint handling and inquiry

Actor: Employer · Rule: Section 19(d)

✓

Assist in securing attendance of respondent and witnesses before the committee

Actor: Employer · Rule: Section 19(e)

✓

Make available information required by the committee for the complaint

Actor: Employer · Rule: Section 19(f)

✓

Assist the aggrieved woman in filing a police complaint if she chooses to do so

Actor: Employer · Rule: Section 19(g)

✓

Initiate action under IPC or other law against the perpetrator, or assist if perpetrator is not an employee

Actor: Employer · Rule: Section 19(h)

✓

Treat sexual harassment as misconduct under service rules and initiate disciplinary action

Actor: Employer · Rule: Section 19(i)

✓

Monitor timely submission of reports by the Internal Committee, including the annual report addressed in Section 21

Actor: Employer · Rule: Section 19(j)

Timelines

Awareness programmes: At regular intervals

Employers must organise workshops and awareness programmes at regular intervals for sensitising employees with the provisions of the Act.

IC orientation programmes: At regular intervals

Employers must organise orientation programmes for IC members at regular intervals.

Annual report monitoring (Section 21): Each calendar year

Section 19(j) requires monitoring timely submission of reports by the Internal Committee. Section 21 separately requires the Internal Committee to prepare an annual report each calendar year.

Common Mistakes

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Treating Section 19 compliance as a one-time activity — awareness programmes and orientation must happen at regular intervals, not just once.

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Displaying the POSH policy but not the penal consequences and IC constitution order — Section 19(b) requires both.

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Not amending service rules to explicitly classify sexual harassment as misconduct.

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Failing to provide facilities to the IC for conducting inquiries, leading to procedural delays.

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Not assisting the aggrieved woman with police complaints — this is a mandatory duty, not a discretionary one.

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Ignoring the duty to monitor annual report submission, creating a gap in the compliance accountability loop.

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Constituting the IC on paper but not providing practical support like meeting rooms, recording facilities, or witness coordination.

Practical PIH resources

These are separate PIH editorial, training, or support destinations. They are not substitutes for the official Act source or a statutory complaint forum.

POSH trainingRelevant PIH guidance or support pathway Employer compliance supportOperationalise employer-side duties and evidence controls Employee trainingAwareness pathway for employees Manager trainingResponse and prevention capability for managers POSH compliance servicesRelevant PIH guidance or support pathway

Source & Status

Source and review statusPublication ready

Official source: India Code, Ministry of Law and Justice, Government of India
Source version: India Code PDF — last updated 31 August 2021
Source location: India Code PDF, pp. 11–12
Retrieved: 2026-09-10

View the official record page

Statutory blocks are kept separate from PIH plain-language and operational guidance. The reading copy is not legal advice.

Legal review status: counsel-reviewed. All sections have valid documentary counsel evidence and publication signals are enabled.

Judicial material: no verified judicial interpretation is published in this reading copy. Judicial analysis is a separate layer from the statutory transcription and PIH editorial guidance.